Legislation and related material

The OBR’s formal rights and responsibilities are outlined in four documents:

The Budget Responsibility and National Audit Act 2011

The Charter for Budget Responsibility

The Framework document

A Memorandum of Understanding

The Budget Responsibility and National Audit Act sets out the overarching duty of the OBR to examine and report on the sustainability of the public finances. It also gives complete discretion to the OBR in the performance of its duties, as long as those duties are performed objectively, transparently and independently and takes into account the sitting government’s policies and not alternative policies. The Charter outlines the OBR’s independence which includes complete discretion to decide:

• The methodology underpinning the OBR’s forecasts, assessment and analyses;

• the judgements made by the OBR in producing these outputs;

• the content of the OBR’s publications; and

• the OBR’s work programme of research and additional analysis.

Primary legislation

The OBR is a non-departmental public body, under the Budget Responsibility and National Audit Act 2011. The Act provides for the establishment of the office, and sets out its functions and broad governance structure.

The Charter for Budget Responsibility

The Charter for Budget Responsibility sets out the OBR’s remit, how it is to perform its duties, the required content of its key publications and the arrangements for determining the timing of its forecasts and other key publications. The Charter was modified in March 2014 to include the OBR’s responsibilites regarding the welfare cap and in December 2014 to reflect the Government’s updated mandate for fiscal policy. It was also updated in October 2015 to include provision for a new Fiscal risks statement and to reflect further updates to the Government’s mandate for fiscal policy.  The previous versions are available at the bottom of this page.

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Charter for Budget Responsibility

15th October, 2015 – 428 kB

Framework document

The OBR’s governance and management arrangements are set out in greater detail in a Framework document drawn up by the Treasury and agreed with the OBR. This describes the purposes of the OBR, how it is accountable to Parliament and the Chancellor, its governance and structure, the responsibilities of the accounting officer, the content of the annual report, the audit arrangements, and its managements and budgeting processes. The Framework document was reviewed and amended in May 2014. The previous version is available at the bottom of this page.

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Framework document

28th May, 2014 – 782 kB

Memorandum of Understanding

The Memorandum of Understanding sets out the agreed working relationship between the OBR, HM Revenue and Customs, the Department for Work and Pensions, and HM Treasury. It sets out the arrangements needed for effective working, covering each institution’s key responsibilities, coordination of the forecast process, and the process for information sharing.

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Memorandum of Understanding

4th April, 2011 – 220 kB

External reviews

The OBR’s non-executive members commissioned Kevin Page to lead the first External review into the work of the OBR in April 2014. The Review concludes that the OBR has “laudably achieved the core duties of its mandate” and “has succeeded in reducing perceptions of bias in fiscal and economic forecasting”. It also makes recommendations on how to build upon our early successes as we approach the end of our first five years.

In June 2015, the Chancellor to the Exchequer asked Sir Dave Ramsden, Chief Economic Adviser to HM Treasury, to carry out a review of the OBR. The review, published in September 2015, reflected the findings in the External review led by Kevin Page in summer 2014 and made a number of recommendations that would strengthen our existing work and allow us to provide deeper and broader scrutiny of its management of the public finances.

Read the exchange of letters between the Chancellor to the Exchequer and Robert Chote on the Treasury Review of the OBR on our Governance and reporting page and the Treasury Select Committee hearing on the conduct and implications of the HM Treasury-led review.

Devolved administrations

Scotland

The Scotland Act 2012 gave new powers to the Scottish Parliament relating to taxation and borrowing. In April 2015, stamp duty land tax (SDLT) and landfill tax were fully devolved to the Scottish Parliament and replaced by the land and buildings transaction tax and the Scottish landfill tax respectively.

The Command Paper: Strengthening Scotland’s Future – published alongside the Scotland Bill in 2010 – set out our role in providing forecasts of Scottish income tax, landfill tax, stamp duty land tax and aggregates levy receipts.

In September 2014, the Smith Commission recommended the devolution of air passenger duty (APD) to the Scottish Parliament and the assignment of a share of VAT revenues. It also proposed more flexible powers over income tax than those in the 2012 Act. In May 2015, the UK Government committed to implement the Smith Commission recommendations in full, and the resulting Scotland Bill 2015-16 is currently going through the legislative process.

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Scotland Act 2012

1st May, 2012 – 235 kB

Read the letter from Kenneth Gibson, the Convener of the Scottish Parliament Finance Committee, to Robert Chote on the implementation of the Scotland Act 2012 and Robert Chote’s response.

Wales

The Wales Act 2014 gave new powers to the Welsh Assembly relating to taxation and borrowing. It provides for the full devolution of SDLT and landfill tax from April 2018.

The Command Paper: Wales Bill: Financial Empowerment and Accountability – published alongside the Wales Bill in 2014 – required us to begin to forecast Welsh taxes alongside Autumn Statement 2014 and twice a year thereafter. This currently includes forecasts for stamp duty land tax, landfill tax, aggregates levy and the Welsh rate of income tax.

The Welsh Government announced, in its Tax Collection and Management (Wales) Bill in July 2015, its intention to replace SDLT with a ‘land transaction tax’ and landfill tax with a ‘land disposals tax’. The intended date of Royal Assent for this bill is spring 2016, with a further bill introducing the legislation expected later in the year.

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Wales Act 2014

17th December, 2014 – 694 kB
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Tax Collection and Management (Wales) Bill

13th July, 2015 – 488 kB

Northern Ireland

An agreement is in place to devolve corporation tax to Northern Ireland from April 2018. The Northern Ireland Executive announced this in A Fresh Start The Stormont Agreement And Implementation Plan.

Previous versions of key governance documents

Publications